A jury was empaneled and opening arguments were presented Monday as a Miami man's near 10-year-old claim against the Grand River Dam Authority moved to trial.
Jack and Rosemary Dalrymple are seeking compensation for damages to their pecan-growing operation, livestock and property after repeated flooding in the early to mid 1990s.
The Dalrymple case, filed against GRDA in 1998, led a class-action lawsuit against the authority in which an estimated 100 property owners sought damages for floodwater that inundated their property in a series of floods that devastated the Miami area more than a decade ago.
Courts have since ruled that GRDA was responsible to pay for the flood damages and the authority has settled most of those cases out of the courtroom.
The Dalrymple case is the first to be heard in court as the authority believes that the Dalrymple's claims are excessive.
The Dalrymple's claim that much of their property, though located in the GRDA flowage easement, was damaged due to the parking of water there for an extended period of time. Testimony of that nature, however, will not be heard.
On Monday, Associate Judge Robert Reavis instructed the Dalrymple's legal counsel to present evidence and testimony of damages occurring only on property above the 760 base-flood elevation, outside of GRDA's existing flowage easements.